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Author Topic: How much outstanding remuneration I'm entitled to after termination  (Read 437 times)

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Offline legaladviceforme

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Terminated without notice after 7.5 months in job. Have only offer letter in which probation period(P.P.) stated as 3 months. Did not get appointment letter at joining nor intimation of probation extension or confirmation after 3 months. Just continued working.
Offer letter: Business Development Executive(trainee)
Basic salary-20,000.
T.A.-5,000.
H.R.A.-5,000.

Clauses:
-- for P.P. of 3 months target will be so and so per month.
-- if target not achieved in P.P. company will be issuing a minimum salary.
-- company has right to fix minimum salary according to the performance of employee.
-- if performance not satisfactory minimum salary of 10,000 will be paid during P.P. and company has right to terminate without notice.

My target was not achieved in any month, due to company problems. Till now got only 10,000 as 1st month salary, 5,000 as 2nd month partial salary: both with cash receipt taken from me. Later, a 20,000 cheque for TA,HRA for which they didn't take receipt from me.

My question now is, how much outstanding remuneration am I entitled to receive legally now for the total 7.5 months of employment ? After the first 3 months, will I be legally seen still under probation or as confirmed for the rest 4.5 months ? What will be the terms after the first 3 months ? Can the company claim that the ?20,000 cheque was not for expenses but for salary ?

Offline riteshmaity

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Re: How much outstanding remuneration I'm entitled to after termination
« Reply #1 on: March 06, 2017, 03:10:09 AM »
You have joined the company (as a probationer though) for a monthly salary of Rs.30,000/-. Even though you have a clause in your offer letter that your salary will be reduced due to your non-performance, such clause has no legal value as it is totally one sided and against the law.

If you have worked for 7 and half months then you are entitled to approx Rs.225,000/-

If there was any clause related to notice pay in your offer letter, then you will be entitled to that too. Since your probation was not confirmed, you may be deemed to be a probationer.

Yes, the company can claim that cheque was for your salary but if the matter goes to court, the onus will be on company to show that salary was paid to you.
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